SHAKTI PAL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) - By this petition filed under Section 439 of Cr. P.C., the petitioner seeks bail in a case registered as FIR No. 113/2011 under Sections 395/397/412/120-B of Indian Penal Code read with sections 25/27/54/59 of Arms Act, at Police Station North Rohini, Delhi.

(2.) The present case was registered at the instance of Mr. Sanjeev Malhotra who owns a jewellery shop at C-8/1, Sector 8, Rohini. It is submitted by the complainant that on 15.05.2011, at about 3 p.m. two boys entered into his shop and asked to show some chains to them. Later, they inquired as to whether they accept old gold to which the complainant's brother refused. Both the boys stood and in the meanwhile, one other boy entered the shop holding a helmet in his hand and thereafter three more boys came into the shop out of which one boy who entered the shop first, took out a knife and rest of the boys took out kattas and snatched a phone from the artisan sitting in the shop and the other boy took out all the jewellery kept in the safe and counter and filled in his bag. He also took the amount from the cash box. The jewellery taken by that boy is stated to be a chain set, bali set, rings, tops, stones, ear chains and diamond rings. It is further alleged that his phone was also snatched and when his brother raised objection, the boy with the knife stabbed his brother with the knife on his foot and also broke the CCTV boxes installed in the shop. Thereafter, the boys fled the scene of occurrence on their motorcycles, parked outside the shop. It is further informed that his brother Jitender could only note the number of motor cycle as 2501 and 9620, after which he went to the hospital for treatment.

(3.) The FIR was registered, the message regarding motorcycles was flashed and a message to call for the crime team, dog squad, FSL team on the spot was also sent. On inspection of the spot, prima facie a case under Section 395/397 IPC and 27/54/59 of Arms Act was made out. Investigation was started. During investigation, it is revealed that one motorcycle used in the offence collided with a vehicle at Metro Road near Fire Station Office and got damaged. The rider also got injuries and the accused left behind the silver colored Pulsar Motorcycle at the spot and all other four accused ran away on other motorcycle.